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Terms of Use
Welcome to the Initia Foundation’s website (accessible at https://initiafoundation.com) (the “Website”), provided and operated by the Initia Foundation (the “Foundation”, “we”, “our” or “us”). The Foundation maintains and operates the Website for the purposes of providing news, information, and updates about the Initia protocol (the “Initia Protocol”) and ecosystem (the “Initia Ecosystem”). For the avoidance of doubt, the Foundation does not control the Initia Protocol or the Initia Ecosystem and cannot control activity and data on the Initia Protocol, the activities of persons who develop and use applications on the Initia Protocol, the validation of transactions on the Initia Protocol, or use of the Initia Protocol. The Initia Protocol and the Initia Ecosystem is an open-source protocol that is maintained and processed by Initia Protocol validators that are not under our control or responsibility.

These Terms of Use (the “Terms”) govern your access to and use of the Website and constitute a legally binding agreement between us and you and/or the entity you represent (hereinafter referred to as “you” or “your”).

By accessing and/or using the Website, you agree to be bound by these Terms and our Privacy Policy which collectively represent the complete agreement between you and us in respect of the Website and shall supersede any prior agreements between us, whether written or oral.

THESE TERMS CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED “DISPUTE RESOLUTION.” THIS AFFECTS YOUR RIGHTS WITH RESPECT TO ANY “DISPUTE” BETWEEN YOU AND THE FOUNDATION AND MAY REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. PLEASE READ THIS ENTIRE SET OF TERMS CAREFULLY.

IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE.
1. Eligible Users.
By accessing and/or using the Website, you must be and hereby affirm that you:
  1. are not prohibited or restricted from accessing the Website by any laws or regulations applicable to you;
  2. are an adult of the legal age of majority in your country or state of residence (whichever is higher). If you are under the legal age of majority, you may not access or use the Website; and
  3. are not:
    1. a citizen of, or located in or ordinarily resident in any of the Restricted Jurisdictions (defined below); or
    2. under the control or ownership of a person that is, subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the BVI government, the United Kingdom government, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority.
2. Access and Use of the Website.
  1. Grant of License. If you accept and comply with these Terms, the Foundation will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to access and use the Website subject to the “Restrictions,” set forth in Section 3 below, as follows:
    1. You may access and use the Website and all services, features, functionalities and content made available thereon (the “Content”) on one or more computers or mobile devices under your authorized control.
    2. You may use the Website and the Content for your personal and non-commercial purposes only.
    3. You may not transfer your rights and obligations to use the Website.
    4. Some of the Content on the Website are provided, managed or operated by third party suppliers, partners or licensors of the Website (“Third Party Providers”) and may be subject to specific requirements or terms and conditions imposed by such Third Party Providers. Please refer to Section 5 for more information.
  2. Open Source Components. The Website may contain components that are subject to open-source licenses (“OSS Components”). Your access and use of these OSS Components shall be subject to the applicable open-source licenses that apply to and govern such OSS Components.
  3. Acknowledgements and Disclaimers. You acknowledge and understand that:
    1. Risk Disclaimer. You acknowledge and agree that there are inherent risks in your use of the Website, including any security vulnerabilities, errors or flaws in the information provided, any communication failures, disruptions, errors, distortions or delays, the risk of hardware, software and Internet connections failure or problems, or malicious software introduction, or the risk that third parties may obtain unauthorized access to your information, which may result in the loss of your access to the Website and/or the Content. By using the Website, you acknowledge and agree to undertake these risks, and you accept that we shall not be liable for any losses or damages arising from or in connection with such risks.
    2. No Reliance on Information. Any information provided or made available on our Website and/or the Content shall not be considered or construed as financial advice, investment advice, tax advice, legal advice, or any other sort of advice. No representation or warranty, express or implied, is made as to the fairness, accuracy, timeliness, correctness or completeness of such information and is provided only for general informative purposes, and no reliance should be placed on it. The Foundation shall not be responsible or liable to you for any use of, or reliance placed on, any available or provided information. We are not, and shall not be deemed as or treated as a financial institution, centralised exchange or trading platform, broker or fund management platform.
    3. No Fiduciary Relationship. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we have are expressly set out in these Terms (including in the Privacy Policy).
    4. Legal and Regulatory Compliance. You are responsible for complying with all laws that may be applicable to or govern your use of the Website and/or any Content, including, but not limited to, the Commodity Exchange Act and the regulations promulgated thereunder by the U.S. Commodity Futures Trading Commission (“CFTC”), the federal securities laws and the regulations promulgated thereunder by the U.S. Securities and Exchange Commission (“SEC”), the Securities and Futures Act and the Payment Services Act overseen by the Monetary Authority of Singapore and all foreign laws that apply to you and your use of such Website and/or Content. You shall not access or use our Website and/or Content if it would be illegal, or a violation of any applicable laws or regulations, to do so within your jurisdiction.
  4. Digital Wallets Connected via the Website. You may use the Website to create, link, connect, access and/or utilise any compatible self-custodial digital wallet (including any compatible third party digital wallets) to or with the Website (a “Digital Wallet”). The Foundation does not operate or provide a Digital Wallet service, and the Foundation will not be liable or responsible for the creation of any Digital Wallet by you, and for your access and use of such Digital Wallet. You acknowledge and understand that:
    1. You may use a Digital Wallet to store your tokens, cryptocurrencies and other crypto or blockchain-based digital assets (collectively, “Digital Assets”). The Foundation does not have control over your Digital Wallet, and cannot be liable or responsible for any activity or transaction conducted via your Digital Wallet, whether initiated through the Website’s user interface or otherwise.
    2. All actions taken or purported to be taken via your Digital Wallet (including the initiating of, or signing of, any transactions) will be automatically deemed to have been conducted and authorised by you. The Foundation and the Website will not be able to verify the veracity or authenticity of such transactions or prevent such transactions from occurring.
    3. In certain circumstances, such as if you lose or forget your password for your Digital Wallet, you will need to use a seed or recovery phrase to access any Digital Assets stored in your wallet (the “Seed Phrase”). You are solely responsible for the retention and security of your Seed Phrase. Your Seed Phrase is the only way to restore access to the Digital Assets stored in your Digital Wallet if you lose access to your Digital Wallet. Anyone who knows your Seed Phrase can access, transfer or otherwise deal with or dispose of your Digital Asset. If you lose your Seed Phrase, you may not be able to access, transfer or otherwise deal with or dispose of your Digital Asset. You acknowledge that certain methods of securing your Seed Phrase, such as storing it as a digital file anywhere, including on your personal device or on a cloud storage provider, increase the risk that your account or Seed Phrase will be compromised. You further acknowledge that you will not share with us nor any other third party any password or Seed Phrase that relates to your use of the Digital Wallet, and that we will not be held responsible if you do share any such password or phrase, whether you do so knowingly or unknowingly. For the avoidance of doubt, we take no responsibility whatsoever for any theft of a secret recovery phrase that involved intrusion through any means into your personal device or a cloud provider’s data repository.
    4. You acknowledge and agree that we do not store and is not responsible in any way for the security of your Seed Phrase and you agree to hold us, our affiliates, representatives, agents and personnel harmless and that no such party shall be liable in any way in the event you lose your Seed Phrase and cannot access, transfer, use or otherwise deal with or dispose of your Digital Assets. You bear sole responsibility for any loss of your Digital Assets due to failure to retain and/or secure your Seed Phrase.
    5. Digital Wallets provided by Third Party Providers shall be subject to the terms and conditions of such Third Party Providers. The Foundation has no control or responsibility over Digital Wallets provided by Third Party Providers.
  5. User Warranties. Prior to your use of the Website and on an ongoing basis, by using the Website, or any of the Content made available therein, you represent, warrant and covenant that:
    1. You will not provide any false, inaccurate, incomplete or misleading information while using the Website, or any Content available therein, or engage in any activity that operates to defraud the Foundation, other users, or any other person or entity;
    2. You will not use the Website or any Content to transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including, without limitation, terrorism or tax evasion;
    3. Any Digital Assets you use in connection with the Website or any Content are either owned by you or you are validly authorized to carry out actions using such assets;
    4. You access and use the Website (including any Content available therein) for your own benefit and not for the benefit or on behalf of any third party beneficiary;
    5. There is a risk of losing your Digital Assets (including without limitation, your funds and cryptocurrency) when using the Website and/or any Content and that we have no responsibility to you for any such loss;
    6. You will not utilise or deposit funds or assets, which originate from criminal or other unauthorised activity;
    7. You will not utilise or deposit funds or assets, using payment methods that do not belong to you;
    8. You accept and acknowledge that the value of your Digital Assets (including any cryptocurrency) can change dramatically depending on the market value, market conditions or any reason whatsoever and you bear the sole risk of such fluctuations;
    9. We are not, and shall not be deemed as or treated as a financial institution, centralised exchange or trading platform, broker or fund management platform;
    10. We may be required by anti-money laundering regulations, and as part of our internal policies, to make background or verification checks on the source of any funds placed on deposit by our customers. In the event that our background or verification checks do not provide us with sufficient information about you, we may request further information from you from time to time and you agree to promptly provide such information when requested to do so. We reserve the right to suspend or terminate your access to and use of the Website or any Content should we be unable to satisfy ourselves that your source of funds is legitimate; and
    11. You will not, and will not attempt to, authorize anyone other than you to access the Website and any of the Content through your Digital Wallet.
    12. You will not disrupt, interfere with, or otherwise adversely affect the normal flow of the Website and/or the Content or otherwise act in a manner that may negatively affect other users' experience when using the Website and Content. This includes taking advantage of software vulnerabilities and any other act that intentionally abuses or exploits the design of the Website and the Content.
    13. You are sophisticated in using and evaluating blockchain technologies and related blockchain-based Digital Assets, including the blockchain networks, smart contract systems, automated market making protocols, liquidity pool pricing bonding curves, the concept of pricing slippage, the mechanism of liquidity attribution and the potential of value loss for liquidity providers due to liquidity attribution and dynamic pricing across different liquidity pools. Specifically, you represent and warrant that you have evaluated and understand the use of the Website and the Content and have not relied on any information, statement, representation, or warranty, express or implied, made by or on behalf of the Foundation with respect to the Website and the Content.
    14. You accept and acknowledge all risks associated with the use or access of the Website or any Content made available thereon, including but not limited to the risks set out in these Terms.
  6. Changes. We may change, add to, modify, remove, suspend, or discontinue any aspect of the Website and/or any Content at any time, and without prior notice or liability to you. We may also impose limits on certain features or restrict your access to parts or all of the Website or any Content made available thereon without notice or liability.
  7. Advertising. The Website may incorporate third-party technology that enables advertising on the Website. As part of this process, the Foundation and/or its authorized third party advertisers may collect standard information that is sent when your personal computer or device connects to the Internet including your Internet protocol (IP) address.
  8. Website Information. Information made available on or through the Website are provided for general information or recreational purposes only, and shall not be considered or construed as financial advice, investment advice, tax advice, legal advice, or any other sort of advice. No representation or warranty, express or implied, is made as to the fairness, accuracy, timeliness, quality, origin, ownership or completeness of the information made available on this Website, and no reliance should be placed on it. The Foundation shall not be responsible or liable to you for any use of, or reliance placed on, the information provided on or through the Website. We shall not be liable for any errors, misrepresentations, or omissions in, of, and about, the information, nor for the availability of the information.
3. Services and Features Available on the Platform.
  1. Restrictions. The Foundation may suspend or revoke your license to use the Website or any Content made available thereon if you violate, or assist others in violating, the restrictions and limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do any of the following:
    1. Unauthorized Derivative Works: Copy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Website (or any Content made available thereon).
    2. Prohibited Commercial Uses: Exploit or use in a manner for commercial purposes, in its entirety or individual components, the Website (or any Content made available thereon) for any purpose not expressly authorized by the Foundation, including, without limitation (i) accessing and using the Website at commercial establishments; (ii) using the Website to advertise, market, provide or sell any third-party product or service; (iii) performing in-Website transactions, whether in exchange for payment or otherwise; (iv) communicating or facilitating any commercial advertisement, solicitation or offer through or within the Website or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, activities within the Website, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
    3. Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
      1. exploits; i.e. methods not expressly authorized by the Foundation (whether accomplished using hardware, software, a combination thereof, or otherwise), influencing and/or facilitating use of the Website or any Content in a manner that is unintended by the Foundation, including exploits of any bugs in any Content in the Website, and thereby granting you and/or any other user of the Website an undue and unfair advantage over other users not using such methods;
      2. hacks; i.e. accessing or modifying the software of the Website (or Content made available therein) in any manner not expressly authorized by the Foundation; and/or
      3. any code and/or software, not expressly authorized by the Foundation, that can be used in connection with the Website, any Content and/or any component or part thereof which changes and/or facilitates the feature or functionality of the same;
    4. Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Website (or any Content made available therein); provided, however, that the Foundation may, at its sole and absolute discretion, allow the use of certain third-party user interfaces.
    5. Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Website (or any Content made available therein) including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Website (or any Content made available therein); and (ii) any connection using third-party programs or tools not expressly authorized by the Foundation.
    6. Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Website (or any Content made available therein) or component thereof, or your rights to the Website (or any Content made available therein) to any other party in any way not expressly authorized herein.
    7. Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the social experience for other users, or disrupt the operation of the Foundation’s Website (or any Content made available therein) in any way, including:
      1. Disrupting or assisting in the disruption of any server, equipment, hardware or computer system used to support the Website (or any Content made available therein) or interfering with, disrupting, negatively affecting or inhibiting other users from enjoying the Website or any Content made available therein, or in any action or conduct that could damage, disable, overburden, or impair the functioning of the Website or Content made available therein. ANY ATTEMPT BY YOU TO DISRUPT THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
    8. Violation of Laws: Access or Use the Website or any Content provided therein to violate or attempt to violate any applicable law or regulation (including without limitation any applicable anti-money laundering, anti-proliferation and anti-terrorism financing laws and sanctions programs, including, without limitation, the U.S. Bank Secrecy Act and those enforced by the U.S. Department of Treasury's Office of Foreign Assets Controls and any other Export Control Laws and those of the Cayman Islands).
    9. Violation of Policies: Access or Use the Website or any Content provided therein to violate or attempt to violate any policies of the Foundation.
    10. Violation of Proprietary Rights: Use the Website or Content in any manner that violates, misappropriates, or infringes the rights of the Foundation, our licensors, our Users, or others, including privacy, publicity, intellectual property, or other rights.
    11. Impersonation. Use the Website or any Content that involves falsehoods, misrepresentations, or misleading statements, including impersonating someone.
    12. Circumvention of Security. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party to protect the Website or any Content.
    13. VPN. Disguise your location through IP proxying, VPN or other methods.
    14. Circumvention of Content Filtering. Circumvent any content-filtering techniques, security measures or access controls employed on the Website or any Content in any manner.
    15. Encourage or enable any other individual to do any of the foregoing.
  2. You agree to comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”).
  3. Without limiting the foregoing, you may not use the Website or any Content if:
    1. you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN Security Council Resolutions, HM Treasury's financial or other sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial or other sanctions regime; or
    2. you intend to supply the Website or any Content to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury's financial or other sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial or other sanctions regime.
  4. In addition to the geographical restrictions in Section 3(C) above (the “Restricted Jurisdictions”), we reserve the right to restrict access to the Website or any Content made available therein to users from any other country.
  5. Particular parts of the Website and/or Content may also not be available in certain countries due to regulatory, licensing and local restrictions.
  6. We may deploy technological solutions (such as geo-blocking) to prevent persons located in Restricted Jurisdictions from being able to access, or to use, the Website or any Content. You acknowledge and agree that we will not be responsible to you for, and that you will indemnify and hold us harmless for and in relation to, any losses suffered by you as a result of your attempting to access the Website and/or any Content from within a Restricted Jurisdiction, including by way of any means designed to circumvent any controls or technological solutions that we may have in place from time to time, and which are intended to prevent or limit such access. You accept and acknowledge that we reserve the right to detect and prevent the use of prohibited techniques, including but not limited to fraudulent transaction detection, examination of your device properties, detection of geo-location and IP masking, transactions and blockchain analysis.
  7. By accessing the Website (or any Content found therein), and entering into this agreement, you confirm that you are not located in a Restricted Jurisdiction or a jurisdiction in which it is illegal to use the Website (or any Content found therein).
  8. We reserve the right to terminate or limit any person’s access to or use of the Website at any time, with or without notice, as determined in our sole and absolute discretion. Such terminations and limitations may be based on any factor or combination of factors, including a person’s identity, blockchain address, IP address, internet service provider, virtual provider network provider, metadata, browser software, device type, wallet application, wallet device, region of citizenship or residence or current location, or suspicion that a user has engaged or intends to engage in any of the restrictions set out above.
4.Ownership of Intellectual Property.
  1. The Website and the Content contained therein, including any Initia Trademarks (defined below), media, web applications, mobile applications, software, computer code, metadata, materials, design, text, images, photographs, illustrations, animation, content, text, media files, artwork, graphic material, databases, proprietary information, graphics and visual effects, as well as any accompanying documentation or other written materials, tangible or intangible, and all legally protectable elements of the foregoing, including, without limitation, all derivative works, translations, adaptations or variations of same, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, and all Intellectual Property Rights therein (all of the foregoing, individually and collectively, the “Initia Assets”), are our property and/or where applicable, the property of our licensors or suppliers. The Website may contain materials licensed by third-parties to the Foundation, and these third-parties may enforce their ownership rights against you in the event that you violate these Terms. Nothing in these Terms shall be interpreted as granting any license of Intellectual Property Rights of the Initia Assets to you other than as explicitly set forth in these Terms. You may not remove, delete or obscure any trademark notice, copyright notice or other intellectual property notice in any part of the Website. You may not do anything that infringes, violates or misappropriates the exclusive rights belonging to us.
  2. Under these Terms, “Intellectual Property Rights” refer to patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. “Initia Trademarks” means any and all logos, trademarks, service marks, and trade dress associated with the Website, including the “Initia” name or products or service developed by for the benefit of the Initia Protocol and Initia Ecosystem (which include without limitation, “Minitswap”, “InitiaDex”, “Initia Bridge”, “Initia Scan”, “Initia Usernames” and “Initia Faucet”).
  3. The animations, page headers, custom graphics, button icons, style sheets and scripts that contribute to the “look and feel” of the Website are service marks, trademarks and/or trade dress that belong to us and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not expressly authorized by us in writing, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Website, the Initia Trademarks or the Foundation.
  4. You may choose to submit comments, bug reports, ideas or other feedback about the Website, including, without limitation, about how to improve the Website or any Content through the email address provided at the end of these Terms (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
5. Third-Party Providers And Services.
  1. The Website and any Content made available therein may contain software or services provided by or links to third-party services (“Third-Party Content”). We make no warranties or representations, express or implied, in respect of the availability, functionality or content of such Third-Party Content, and you agree that the Foundation shall not be liable for any loss or damages arising from or in connection with your use of any third-party services. You may be subject to the terms and policies of such relevant third-parties.
  2. When you use the Website and any Content made available thereon, you may also be using the functionality, application, software or service of one or more Third Party Providers. Your use of those and other third-party functionality, application, software or service (each a “Third-Party Service”) will be subject to the privacy policies, terms of use and similar policies and terms, and fees of those Third Party Providers. You agree that the Foundation shall not be liable for any loss or damages arising from your use of or the breach thereof of any Third-Party Service. We have no responsibility for any Third-Party Content or any Third-Party Service that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable to you or under the law in your jurisdiction. The choice to rely on Third-Party Content or to use a Third-Party Service is your own, and you are solely responsible for ensuring that your reliance or use is in compliance with all applicable laws. Dealing or correspondence with any third party that provides such content or services is solely between you and that third party. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on the use of any Third-Party Content and Third-Party Service at any time without notice.
  3. The Website and any Content made available thereon may contain links to Third-Party Services and may leverage or plug into such Third-Party Services to enable certain features. When using any Third-Party Service, you understand that you are at no time transferring your Digital Assets or private keys to the Foundation. We provide the Website (and the Content made available therein) and access to other Third-Party Services only as a convenience, and we do not have control over their content, and we do not warrant or endorse, and are not responsible for the availability or legitimacy of, the content, products or functionality made accessible via the Website or by the relevant Third Party Providers (including any related website, resources or links displayed therein). We make no warranties or representations, express or implied, about the Website (including any Content made available therein) or such linked Third-Party Services, the third parties they are owned and operated by, the information contained on them or the suitability of their products or services. You acknowledge sole responsibility for and assume all risk arising from your use of the Website and any Content made available thereon including any third-party website, applications, or resources. When you click such links, we may not warn you that you have left our Website.
  4. We may provide experiences on social media platforms that enable online sharing and collaboration among users who have registered to use them. Any content you post is subject to the terms of use and privacy policies of those platforms and related services. We have no control over such social media platforms or related services, and they are deemed Third-Party Services under these Terms.
6. Data Protection and Privacy.
  1. In the course of your access and/or use of the Website or any Content, we may be required to collect, use, disclose and/or process certain data (including personal data) belonging to you. In this regard, we will collect, use, disclose and/or process your personal data in accordance with applicable data protection and privacy laws, and as set out in our Privacy Policy.
7. Limited Warranty and Disclaimer.
  1. GENERAL:
    1. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE WEBSITE AND ANY CONTENT MADE AVAILABLE THEREON ARE PROVIDED ON AN “AS IS”, “UNDER DEVELOPMENT”, "WITH ALL FAULTS" AND “AS AVAILABLE,” BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED OR ERROR-FREE USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
    2. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY CONTENT MADE AVAILABLE THEREON. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE AND ANY CONTENT MADE AVAILABLE THEREON MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND ANY CONTENT MADE AVAILABLE THEREON IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE FOUNDATION, ITS DIRECTORS, OFFICERS AND EMPLOYEES, NOR ITS SUPPLIERS, THIRD PARTY PARTNERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY OR THEFT OR MISAPPROPRIATION OF PROPERTY OR ANY OTHER THEORY (EVEN IF THE FOUNDATION HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE WEBSITE AND ANY CONTENT MADE AVAILABLE THEREON; (B) THE USE OR THE INABILITY TO USE THE WEBSITE AND ANY CONTENT MADE AVAILABLE THEREON; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE AND ANY CONTENT MADE AVAILABLE THEREON; (E) ANY ACTIONS THE FOUNDATION TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; (F) HUMAN ERRORS; (G) TECHNICAL MALFUNCTIONS; (H) FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; (I) OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN THE WEBSITE AND ANY CONTENT MADE AVAILABLE THEREON); (J) ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE WEBSITE AND ANY CONTENT MADE AVAILABLE THEREON OR ANY OTHER WEBSITE; (K) THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; (L) DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; (M) TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR (N) ANY OTHER MATTER RELATING TO THE WEBSITE AND ANY CONTENT MADE AVAILABLE THEREON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    3. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE FOUNDATION, ITS DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE WEBSITE AND ANY CONTENT MADE AVAILABLE THEREON WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE WEBSITE AND ANY CONTENT MADE AVAILABLE THEREON WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE WEBSITE AND ANY CONTENT MADE AVAILABLE THEREON WILL BE ACCURATE, (IV) THE WEBSITE AND ANY CONTENT MADE AVAILABLE THEREON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE WEBSITE AND ANY CONTENT MADE AVAILABLE THEREON WILL BE SECURE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT THE FOUNDATION, ITS DIRECTORS, OFFICERS AND EMPLOYEES HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO ITS GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
    4. THE FOUNDATION, ITS DIRECTORS, OFFICERS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY DIGITAL WALLETS OR OTHER APPLICABLE BLOCKCHAIN, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN OR COMPROMISED PASSWORDS OR SEED PHRASES OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) INTELLECTUAL PROPERTY INFRINGEMENT BY THE USERS; (E) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE WEBSITE AND ANY CONTENT MADE AVAILABLE THEREON.
  2. SPECIFIC DISCLAIMERS
    1. The Foundation and the Website and the Content could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit your ability to access or use the Website or the Content or other applicable blockchain.
    2. The Foundation does not invite or make any offer to acquire, purchase, sell, transfer or otherwise deal in any Digital Asset. Third parties may provide services involving the acquisition, purchase, sale, transfer or exchange of Digital Assets; the Foundation does not provide any such service and does not undertake any liability in connection thereto.
    3. You acknowledge and agree that the Website, and the Content made available thereon are software code and are subject to flaws and acknowledge that you are solely responsible for evaluating any smart contract, code provided by or on the Website and/or the Content made available thereon and the trustworthiness of any third-party websites, products, smart-contracts, or content you access or use through the Website. Like all software, the Website and the Content may be subject to exploits. The Foundation is not and will not be responsible for exploits of any kind. While the Foundation has taken a number of precautions to maintain the security of the Website and the Content, this is a nascent technology and it is not possible to guarantee that the software codes or any smart contracts are completely free from vulnerabilities, bugs or errors. You accept all risks that arise from using the Website and any of the Content made available thereon, including, and not limited to, the risk of any funds being lost due to a failure or exploit of the Website or any of the Content. This warning and others later provided by the Foundation in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Website or any Content made available thereon.
    4. Any and all information provided in connection with your access and use of the Website (or any Content made available therein), should not and may not be construed as legal, tax, investment, financial, professional or other advice. You should not take, and should refrain from taking, any action based on any information contained on the Website (or any Content made available thereon), or any other information we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord or Telegram content, news feeds, tutorials, tweets and videos. Before you make any financial, legal or other decisions involving the Website (or any Content made available thereon) or use thereof, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate. The Terms are not intended to, and do not, create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we have are expressly set out in these Terms (including in the Privacy Policy).
8. Limitations of Liability.
To the fullest extent allowed by applicable law, the Foundation, its parent, subsidiaries, Third Party Providers and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the Website and the Content. The Foundation’s liability shall never exceed the total Transaction Fees paid by you to the Foundation during the six (6) months prior to your making a claim against the Foundation, or USD$10, whichever is lower, unless applicable law explicitly disallows this limitation, in which case the Foundation’s liability shall be limited to the fullest extent permitted by applicable law.
9. Indemnity.
You hereby agree to defend and indemnify the Foundation, its parent, subsidiaries, licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by the Foundation arising out of or from any violation by you of these Terms or your misuse of the Website or any of the Content made available therein.
10. Equitable Remedies.
You agree that the Foundation would be irreparably damaged if the sections of these Terms were not specifically followed and enforced. In such an event, you agree that the Foundation shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach these Terms; and that the awarding of equitable relief to the Foundation will not limit its ability to receive remedies that are otherwise available to the Foundation under applicable laws.
11. Amendments and Variations.
  1. Alterations to the Terms.
    1. The Foundation’s Rights The Foundation may create updated versions of these Terms (each a “New Terms”) as its business and the law evolves.
    2. New Terms. These Terms will terminate immediately upon the introduction of a New Terms. New Terms will not be applied retroactively and cannot alter the process for resolving a Dispute between us once you have notified the Foundation of a Dispute. If you do not wish to be bound by New Terms, you must immediately cease using the Website and any Content made available therein. Your continued use of the Website or any Content after the Foundation has published any New Terms constitutes acceptance by you of the New Terms.
12. Term and Termination.
  1. Term. These Terms are effective upon your first access and use of the Website, and shall remain in effect until it is terminated or superseded by a New Terms, or, if neither of the foregoing events occur, as long as you continue using the Website.
  2. Termination.
    1. The Foundation reserves the right to terminate these Terms at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most access and usage suspensions and terminations are the result of violations of these Terms. In case of minor violations of these rules, the Foundation may provide you with a prior warning and/or suspend your use of the Website due to your non-compliance prior to terminating these Terms.
    2. In the event of a termination of these Terms, you will continue to be able to access and use your Digital Wallet, but you may need to do so through means outside of the Website (for example, a browser extension). In addition, you will not be able to use the Website. The Dispute Resolution provisions of these Terms will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.
13. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY
  1. APPLICABILITY OF THIS DISPUTE RESOLUTION POLICY . This binding individual arbitration section will not apply to the extent prohibited by the laws of your country of residence. To the fullest extent allowed by applicable law, you and the Foundation agree to submit all Disputes between us to individual, binding arbitration. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and the Foundation that relates to any aspect of our relationship, including, without limitation, your use or attempted use of the Website (including any Content made available thereon), and all marketing related to them, any licensed content, and all matters arising under these Terms, the Foundation’s Privacy Policy, or any other agreement between you and the Foundation, including the validity and enforceability of this agreement to arbitrate. A Dispute shall be subject to binding, individual arbitration regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This includes claims that accrued before you entered into these Terms. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.
  2. INFORMAL NEGOTIATION PERIOD. In an effort to accelerate resolution and reduce the cost of any Dispute related to, or arising out of, these Terms, you and the Foundation agree to first attempt to negotiate any Dispute (except as set out in Section 13.F. below) informally for at least thirty (30) days before either party initiates any arbitration or court proceeding. Notice must be provided within one (1) year of the Dispute having arisen, but in no event after the date on which the initiation of legal proceedings would have been barred under the applicable statute of limitations. The failure to provide timely notice shall bar all claims.
    1. Negotiations will begin upon receipt of written notice by the party raising the Dispute. The Foundation will send its notice to your e-mail address or otherwise contact you via the registered telephone number that you have provided to us.
    2. You will send your notice to the Foundation at [[email protected]]
  3. BINDING ARBITRATION. If a Dispute cannot be resolved through negotiations, either you or the Foundation may elect to have the Dispute finally and exclusively resolved by binding arbitration. The provision by you of a notice to the Foundation, containing all of the information referenced above, and your good-faith participation in the Informal Negotiation Period, are prerequisites to commencing arbitration.
    1. Any dispute as to any matter arising under, out of or in connection with these Terms (including but not limited to any question regarding its existence, validity or termination) shall be referred to and finally and exclusively determined by arbitration in the Cayman Islands at the Cayman International Mediation and Arbitration Centre (“CI-MAC”) in accordance with the Arbitration Rules of the CI-MAC for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The Tribunal shall consist of one arbitrator to be appointed by the Chairman (or equivalent position) of the CI-MAC. The language of the arbitration shall be English. The award by the arbitrator shall be valid, final and binding on each of the Parties. The Parties shall have the right to seek interim injunctive relief from a court of competent jurisdiction, both before and after the arbitrator has been appointed, at any time up until the arbitrator has made its final award. The Parties undertake to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. Each Party shall be responsible for their respective attorneys’ fees and expenses.
    2. THE ARBITRATION PROCEEDINGS DESCRIBED HEREIN WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. The arbitrator may not consolidate disputes against the Foundation by other individuals or entities unless the Foundation expressly consents to such consolidation. These Terms provide no right or authority for any Dispute to be arbitrated, adjudicated, or resolved through proceedings on a class or representative basis or using class action procedures. The arbitrator may award any relief that is permitted by applicable law with respect to your individual claim, but to the maximum extent permitted by applicable law, may not award relief against the Foundation respecting any person other than you.
  4. CLASS AND COLLECTIVE ACTION WAIVER. To the fullest extent allowed by applicable law, you and the Foundation agree that neither you nor the Foundation may participate as a class representative, private attorney general, or as a member of any class of claimants for any Dispute subject to arbitration or for any non-arbitrable claim pursued in court. The arbitrator and any court shall construe the agreement to arbitrate and the agreement to waive class or collective actions in any manner that will render them enforceable and give them effect. If, for any reason, this class or collective action waiver is deemed unenforceable by a court or arbitrator, you agree that the parties’ contract to arbitrate is then entirely void. If any portion of these Terms other than the class action waiver is found illegal or unenforceable, such portion shall be severed and the remainder of these Terms shall be given full force and effect. Any Dispute subject to any such portion of these Terms shall be decided by the arbitrator.
  5. GOVERNING LAW. Unless these Terms include express language to the contrary, all Disputes shall be governed by and construed under the laws of Cayman Islands without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. This paragraph will be interpreted as broadly as applicable law permits.
  6. EXCEPTIONS TO NEGOTIATIONS AND ARBITRATION. You and the Foundation agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:
    1. any Dispute seeking to enforce or protect, or concerning the validity of, any of the Foundation’s intellectual property rights;
    2. any Dispute related to, or arising from, claims that the other party has committed piracy;
    3. individual actions duly filed in a small-claims court of competent jurisdiction on a non-representative basis; any claim within the jurisdictional limits of the small claims courts;
    4. enforcement actions pursued through a governmental agency if permitted by applicable law;
    5. the Foundation’s right to seek injunctive relief to preserve the status quo pending or during an arbitration.
    Claims excluded from arbitration under this section are subject to the choice of law, forum selection, and jury waiver clauses set forth in these Terms.
14. Data Analytics.
We may collect information from our users through the Website in order to better understand their needs and usage patterns, which can be used to inform future improvements to the Website and provide a more personalized experience. Information being collected may include, without limitation, the following:
  • • Users, pageviews, sessions
  • • Source (e.g. Google, social, direct)
  • • Time spent on site
  • • Users info (e.g. geographical location, browser type and language, device type and operating system)
15. General.
  1. You understand and agree that the Website may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that you (1) are not subject to any sanctions or export restrictions (including without limitation, U.S. or UN imposed sanctions or export restrictions) and otherwise are eligible to utilize the Website under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive sanctions/embargo (including without limitation, U.S. or UN imposed sanctions or embargoes), unless your use of the Website in such country or region is authorized by applicable law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers’ Party of Korea) subject to U.S. or UN sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. or UN imposed based sanctions/embargo; and (4) will not use the Website in connection with an end-use prohibited by applicable law.
  2. The Foundation may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms without the Foundation’s prior written consent. Your assignment of these Terms without the Foundation’s prior written consent shall be void.
  3. The Foundation’s failure to enforce a provision of these Terms shall not be construed as a (i) waiver of such provision, or (ii) diminishment of any right to enforce such provisions. Further, the Foundation may choose to waive enforcement of a provision of these Terms in a particular instance; however, you are still obligated to comply with that waived provision in the future.
  4. Notices.
    1. If to the Foundation:
      [[email protected]]
    2. If to You. All notices given by the Foundation under these Terms shall be given to you either through written notice, email, or website blog post.
  5. The Foundation shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Foundation, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
  6. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.
  7. These Terms, along with the Foundation’s other applicable agreements located on [Insert Link], constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
  8. Any provisions of these Terms that by its construction are intended to survive the termination of such Terms shall survive. This includes, without limitations, Sections 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, and 15.
Last Updated: 26 February 2025
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